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NAVY | BCNR | CY2006 | 03723-06
Original file (03723-06.rtf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY
BOARD OR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-~1OO
TJR
Docket No: 3723-06
28 November 2006







This is in reference o your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 552.
A three-member panel f the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2006. Your allegations of error and injustice were review d in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval r cord, and applicable statutes, regulations, and policies.

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 6 July 1984 at age 19. You served without disciplinary incident until 11 April 1985, when you received nonjudicial punishment (NJP) for wrongful use of marijuana and a six d y period of unauthorized absence (UA). The punishment imposed was reduction to paygrade E-1, restriction and extra duty for 45 day , and a $690 forfeiture of pay.
On 13 April 1985 you ere notified of pending administrative separation action by reason of misconduct due to drug abuse. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). On 31 May 1985 an ADB recommended an other than honorable discharge by reason of misconduct due to drug abuse. On 7 June 1985 your commanding officer also recommended separation by reason of misconduct due to drug abuse. The recommendation also stated, in part, that by your own testimony, you did not want to serve your obligation honorably. On 14 June 1985 the discharge authority approved
these recommendations and directed an other than honorable discharge by reason o misconduct. On 21 June 1985 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assert on that your life was in turmoil, but you are now drug-free. I also considered your assertion that you have been diagnosed with a Bi-Polar Disorder. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your drug related misconducts . Finally, there is no evidence in the record, and you submitted none, to support your assertion that you were diagnosed with a Bi-Polar Disorder. Accordingly, your application has been denied.
The names and votes o the members of the panel will be furnished upon request.



It is regretted that he circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,


         W DEAN PFIEFFER
Executive Director















2

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